Category: Separation Agreements

divorce vs. separation North Carolina

What’s the Difference Between Separation and Divorce in North Carolina?

The misconception that separation and divorce are the same is all too common. In fact, separation and divorce are two different things, and they serve different purposes.

In this post, we’ll go over the differences between divorce and separation in North Carolina, and we’ll provide insight about how the two events affect you, your relationship, and your family.

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how to survive a separation

Surviving Marital Separation: 6 Tips That Can Get You Through

For North Carolina couples, a 12-month period of marital separation must take place before either spouse can file for divorce. But not all separations end in divorce.

A marital separation can be a time of healing, introspection, and reconciliation. Separations can provide valuable time for couples to sort out their wants, needs, and individuality as they examine their relationship with their spouse (and often with themselves).

Even if a separation can have positive effects, that doesn’t mean separating is easy. Whether you end up filing for divorce or reconciling, a period of trial separation often sets off a rollercoaster ride of emotions and potential conflicts. If you’re experiencing a marital separation or facing the prospect of one, keep reading to learn some tips that can help you survive your separation.

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signing a prenup

I’m Already Married — Can I Still Sign a Prenup in North Carolina?

Contrary to popular belief, premarital and postmarital agreements (which most non-lawyers call prenuptial and postnuptial agreements or “prenups” and “postnups” for short) aren’t just tools for the wealthy and frequently divorced. Signing a prenuptial or postnuptial agreement can help a couple protect their individual assets and clarify expectations before and during the marriage. Prenups and postnups can also control what happens in case a couple separates and eventually divorces.

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How Do Prenuptial and Postnuptial Agreements Affect Divorce?

How Do Prenuptial and Postnuptial Agreements Affect Divorce?

While many people associate prenuptial agreements with the very wealthy, they can actually benefit couples at all levels of income and debt. In fact, at Myers Law Firm, we encourage all couples to consider signing one before they marry. 

Keep reading to learn more about how prenuptial and postnuptial agreements work in North Carolina as well as how they affect divorce cases.  Continue reading “How Do Prenuptial and Postnuptial Agreements Affect Divorce?”

medical attorney north carolina

What’s Yours and What’s Ours: Property Division in North Carolina

No one gets married expecting to later divorce, which means that they usually don’t give much thought to who owns what property in the marriage unless a divorce becomes inevitable. When the unfortunate happens and the prospect of separation begins to loom, the process of sorting out the tangle of shared property can suddenly seem frustrating and even overwhelming.

In these situations, learning about the legal principles courts use to divide marital property during a divorce can clear up some of the confusion and help you understand what to expect. To help, we’ve composed a quick guide to the legal logic behind property division during a divorce.

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Recent North Carolina Legislation Affecting Family Law and Divorce – Part 2

This is Part 2 of a recent article that I wrote for the NCAJ Trial Briefs magazine regarding recent laws passed by the North Carolina General Assembly which affect family law and divorce issues.

Foster Care Children’s Bill of Rights

The General Assembly passed a bill entitled “Foster Care Children’s Bill of Rights” which became law on July 23, 2013.  The new law amends N.C.G.S. § 131D-10.1 to insert a list of 11 goals with regards to foster care that are designed to make the quality of life better for foster children.   The bill states that violations of the new law do not create a cause of action against the State, the NC Department of Health and Human Services, or any person providing foster care.

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